Jury: Prince guilty of murdering son

The jury got the case at 10:09 a.m. and reached their decision at 11:28 a.m.

Jury finds Benjamin Prince guilty

Christopher Walker/Times Record News
A 30th District Court bailiff escorts Benjamin Jerome Prince to the Wichita County Jail Wednesday morning. A jury of 10 women and two men deliberated for an hour and 20 minutes before coming to a guilty verdict.

A jury in 30th District Court on Wednesday found Benjamin Prince guilty of capital murder in the death of his 23-month-old son, Trebian Prince, during an Aug. 30. 2009, incident.

Prince received an automatic sentence of life in prison without parole. The jury got the case at 10:09 a.m. and reached their decision at 11:29 a.m.

Capital murder trials in Texas where the death penalty is not sought come with automatic sentences of life without parole. The trial recessed until 1:30 p.m. when Prince's sentence was read.

Prince also is accused of fatally shooting his cousin, John Prince Jr., and shooting and wounding the mother of his child, Nicole Grant.

After the sentence was read, Grant nervously walked to the stand to address Prince. She took several deep breaths and hesitated before speaking while clutching a notepad where she had written what she wanted to say.

"I wish this was a horrible dream and somebody would shake me until they wake me up, but the reality is I'm waiting for someone who's never going to show up ... and a baby that's never going to come and hug my neck ... He's (Trebian) innocent, and he had no clue of nothing that was going on, and he paid for it," Grant said.

District Attorney Maureen Shelton as well as Chief Public Defender Jim Rasmussen said there's really no victory in a case like this.

"I can't imagine the carnage and the sheer horror of what she went through and what the (other) kids witnessed," Shelton said. Two older children hid in a closet during the violent spree.

Rasmussen said after talking to Prince and his family they will decide if they want to appeal the case within the next 30 days. The defense is entitled to one appeal that goes to Fort Worth.

"Anytime you're dealing with the death of a small child, I think it's very hard for a jury to overcome that fact and look to other factors such as the mental state of the defendant," Rasmussen said. "This case was a terrible tragedy ... I think exploring why this happens is something that's worthwhile."

Prince had never been convicted of a felony before, and Rasmussen said domestic cases that turn into violent homicides are all too common among people who are otherwise good citizens.

"How does it come to that? I think we've got to look at the psychological realm to get that answer," Rasmussen said.

In closing arguments Wednesday morning, the state argued that Prince intentionally and knowingly murdered Trebian by beating him with a gun and the claw end of a hammer.

Shelton said Prince knows right from wrong, and even the defense's expert witness testified to that fact.

No premeditation or forethought is needed to prove intent in a capital murder trial in Texas.

She told jurors his intent began in 2007 before the child's birth when Prince said he would beat Trebian out of Grant, if he had to leave.

Rasmussen argued that Dr. William Carter was the only expert witness who testified to Prince's mental state, and the element of culpability was proved beyond a reasonable doubt.

He admitted Prince committed the murder of Trebian and John Prince Jr., but says the intent in the death of Trebian is all that needs to be proven.

Rasmussen said that has not been proven during the testimony of this trial, and the jury had the "toolbox" to prove it.